James v. State
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. George James was convicted of murder in the first degree, and he appeals. Aside from the general issue, defendant also interposed the plea of not guilty by reason of insanity.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speaks. George James was convicted of murder in the first degree, and he appeals. Aside from the general issue, defendant also interposed the plea of not guilty by reason of insanity. Defendant was 18 years of age at the time of the killing, and the undisputed evidence shows that he entertained sentiments of hostility toward deceased, and that he killed him at night with a shotgun furtively fired through a window, while deceased was in his own home and seated in the midst of his family. The state’s witness ■ Aaron testified on the…
1Opinion of the Court
SOMERYILE, J.—
(1, 2) It was competent for the defendant to show that he was intoxicated to such a degree as to render him at the time of the killing incapable of understanding that he was committing a crime; this for the purpose only of disproving the existence of the specific intent or mental state which is an essential ingredient of murder.- — Waldrop v. State, 185 Ala. 20, 64 South. 80; Walker v. State, 91 Ala. 76, 9 South. 87. But it ivas not competent for defendant’s witnesses to testify that his intoxication produced that result, since that was a conclusion to be drawn by the jury from…
2Cases cited23 opinions
- Parsons v. StateSupreme Court of Alabama · 1886
- People v. GarbuttMichigan Supreme Court · 1868
- Parrish v. StateSupreme Court of Alabama · 1903
- Gunter v. StateSupreme Court of Alabama · 1887
- Walker v. StateSupreme Court of Alabama · 1890
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Oliver v. StateSupreme Court of Alabama · 1936
- Pollard v. RogersSupreme Court of Alabama · 1937
- Fincher v. StateSupreme Court of Alabama · 1924
- Stinson v. StateSupreme Court of Alabama · 1931
14 more not listed; retrieve them via the Exa API.